Speech of Mr. Cushing, of Massachusetts, on the Right of Petition, - as Connected with Petitions for the Abolition of Slavery and the Slave Trade - in the District of Columbia. In The House Of Representatives, January 25, 1836. by Caleb Cushing
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page 18 of 26 (69%)
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principles, which I learned in my boyhood with my catechism, in the
bill of rights prefixed to the constitution of my own State; which, on maturer study, I have seen to be avowed more or less distinctly, in all the constitutions of this Republic, and of each of its constituent Republics; which I perceive to be defended and applauded in the writings of the great text authors of political science in modern times; and which after being for the first time practically exemplified in our own institutions, have gone forth over the universe, toppling down thrones, and raising up freemen, through all the nations of Christendom. And whilst I feel impelled by such convictions to resist the summary rejection of this Petition upon principle, I am irresistibly led to the same conclusion by considerations of policy and expediency. I deny that such considerations should decide the question; but seeing they have been urged into it, I shall concede to them all due respect. We have been told that the prayer of the Petition is for a thing which the Constitution does not permit to Congress, and so the petition itself should not be received. I ask of the House how it appears that we have no right by the Constitution to legislate upon the subject matter of the Petition? It may be so; and it may not. One member of the House has earnestly averred that it is; another that it is not. Which of them is right? I confess, for myself, that I cannot think it becomes the House to decide either way, upon the mere _ipse dixit_ of individual members. Besides, the Petition calls in question not only slavery, but also the _commerce in slaves_. And will any gentleman affirm that the slave trade of the District is among those holy things which Congress may not constitutionally |
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